IRINA KONWAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J. I. Borbhuiya, the learned counsel for the petitioner. Also heard Mr. G. Pegu, the learned Government Advocate, Assam for the respondent No. 7 and Mr. S. Bhuyan, the learned counsel for the respondent Nos. 1 and 2.

(2.) The petitioner is the Assistant Professor, Zoology Department, Gargaon College, Simaluguri (under suspension) in the district of Sivasagar. The petitioner is maintaining two SBI Savings Bank Account bearing Nos. 11671521246 and 306260667520 in the Nazira Branch and Gargaon Branch of State of Bank of India respectively. As submitted by Mr. Borbhuiya both these accounts were freezed at the time of investigation of Simaluguri P. S. Case No. 76/2019 U/S 406/420 IPC by the Officer-in-Charge, Simaluguri Police Station wherein the petitioner is one of the named accused persons. The said Simaluguri P. S. Case No. 76/2019 was initiated on the basis of the FIR dated 27.5.2019 lodged by Dr. Dilip Kumar Deka and Dr. Pawan Kumar Gogoi, the President/Secretary of Sanchay Aru Rindan Sanchay Samitee of Gargaon College. The allegations in the FIR are misappropriation of the society fund. The petitioner was arrested and thereafter released on bail by this court. Being aggrieved by the action of freezing two Saving Accounts, the petitioner has come before this court seeking for necessary direction for defreezing the accounts.

(3.) The learned counsel for the petitioner specifically raised an issue that the police official during the investigation failed to abide by the provisions stipulated under Section 102 of the Cr.P.C. and as such the action of freezing the SBI Savings Accounts of the petitioners are illegal and liable to defreeze the same.